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How to Be Ready When the EEOC Charges In

It’s one of those days. An envelope containing a charge from the U.S. Equal Employment Opportunity Commission (EEOC) arrives on your desk. The charging party is a recently departed employee, and it’s the company’s first notice of the complaint. The former employee checked the harassment box (but no others), alleging that she had been sexually harassed by a supervisor on two occasions. There is no mention of witnesses and it seems as if it could be an isolated matter. Will the EEOC agree?

Supreme Court to Hear Case Challenging EEOC's Investigatory Power

The Supreme Court opened its new term by agreeing to hear a case involving the power of the Equal Employment Opportunity Commission (EEOC) to compel an employer to turn over information during an investigation. The dispute stems from the EEOC's investigation into possible Title VII violations at a grocery supply company's Arizona subsidiary.

EEOC Subpoena Has Long Reach in Age Discrimination Investigation

Highlighting just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm under agency investigation for purportedly handling clients’ job requisitions that are facially discriminatory has been ordered to comply with an EEOC subpoena seeking the names of all of the firm’s clients — 22,000 of them — at 62 of the firm’s offices. EEOC v. Aerotek, Inc., No. 1:15-cv-00275 (N.D. Ill.). The firm has asked the U.S. Court of Appeals for the Seventh Circuit to reconsider its decision to deny a stay of the district court’s order that it produce the data requested by the EEOC.

Supreme Court Holds that EEOC Conciliation Efforts are Subject to Judicial Review

Yesterday, the Supreme Court held that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory duty to attempt to conciliate charges of discrimination prior to filing suit, reversing a prior decision by the Seventh Circuit Court of Appeals.

Supreme Court (Sort of) Allows Courts To Review EEOC Mediation Efforts

Today, the Supreme Court unanimously held that the Equal Employment Opportunity Commission’s statutory duty to conciliate to remedy a Title VII violation prior to filing a lawsuit on the violation is subject to some level of judicial review. Mach Mining v. EEOC.

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with an employer before filing suit. The Court decided that courts may review whether the EEOC has fulfilled its mandatory statutory duty to attempt to conciliate discrimination claims before litigation.

Supreme Court Clarifies EEOC Conciliation Process

On April 29, 2015, the U.S. Supreme Court ruled that courts have the authority to review whether the Equal Employment Opportunity Commission (EEOC) has fulfilled its statutory obligation to pursue pre-suit conciliation. The Supreme Court’s decision resolves a split that existed between the circuit courts as to whether courts had the requisite authority to review the adequacy of the EEOC’s conciliation efforts. Yesterday’s decision addresses the issue of how far a judge may delve into whether the EEOC made a “good faith” attempt at conciliation. The previously existing split among the circuit courts resulted in some courts requiring only a minimum level of “good faith,” while other courts required a significant showing that meaningful efforts were pursued. Title VII of the Civil Rights Act of 1964 requires that the EEOC attempt to negotiate a settlement between an employer and the allegedly aggrieved employee prior to suing for judicial remedy.
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